in the taking of opinions apart in this, which was prescribed and used in Peacham's cause; yet both my lords of the council, and we amongst ourselves, holding it, in a case so clear, not needful; but rather that it would import a diffidence in us, and deprive us of the means to debate it with the judges, if cause were, more strongly, which is somewhat, we thought best rather to use this form. The judges desired us to leave the examinations and papers with them for some little, time, to consider, which is a thing they use, but I conceive, there will be no manner of question made of it. My lord chief justice, to shew forwardness, as I interpret it, shewed us passages of Suarez and others, thereby to prove, that though your majesty stood not excommunicate by particular sentence, yet by the general bulls of Cœna Domini, and others, you were upon the matter excommunicate; and therefore, that the treason was as de præsenti. But I (that foresee that if that course should be held, when it cometh to a public day, to disseminate to the vulgar an opinion, that your majesty's case is all one, as if you were de facto particularly and expressly excommunicate; it would but increase the danger of your person with those that are desperate papists; and that it is needless) commended my lord's diligence, but withal put it by; and fell upon the other course, which is the true way, that is, that whosoever shall affirm, in diem, or sub conditione, that your majesty may be destroyed, is a traytor de præsenti; for that he maketh you but tenant for life, at the will of another. And I put the duke of Buckingham's case, who said, that if the king caused him to be arrested of treason, he would stab him; and the case of the impostress Elizabeth Barton, that said, that if king Henry the eighth took not his wife again, Catherine dowager, he should be no longer king; and the like. It may be these particulars are not worth the relating; but because I find nothing in the world so important to your service, as to have you throughly informed, the ability of your direction considered, it maketh me thus to do; most humbly praying your majesty to admonish me, if I be over troublesome. For Peacham, the rest of my fellows are ready to make their report to your majesty, at such time, and in such manner, as your majesty, shall require it. Myself yesterday took my lord Coke aside, after the rest were gone, and told him all the rest were ready, and I was now to require his lordship's opinion, according to my commission. He said, I should have it; and repeated that twice or thrice, as thinking he had gone too far in that kind of negative, to deliver any opinion apart, before; and said, he would tell it me within a very short time, though he were not that instant ready. I have tossed this business in omnes partes, whereof I will give your majesty knowledge when time serveth. God preserve your majesty. Feb. 11, 1614. Your majesty's most humble and devoted subject and servant, CXVII. To the KING, about a certificate of Rawley's lord chief justice COKE. It may please your excellent Majesty, I SEND your majesty inclosed my lord Coke's answers; I will not call them rescripts, much less oracles. They are of his own hand, and offered to me as they are in writing; though I am glad of it for mine own discharge. I thought it my duty, as soon as I received them, instantly to send them to your majesty ; and forbear, for the present, to speak farther of them. I, for my part, though this Muscovia weather be a little too hard for my constitution, was ready to have waited upon your majesty this day, all respects set aside but my lord treasurer, in respect of the season and much other business, was willing to save me. will only conclude touching these papers with a text, divided I cannot say, Oportet isthæc fieri; but I may say, Finis autem nondum. God preserve your majesty. Your majesty's most humble and devoted subject and servant, FR. BACON. 14 Feb. 1614. I Resuscitatio. 1 Sir David CXVIII. Sir FRANCIS BACON to King JAMES. Dalrym ple's Memorials and Letters, p. 29. It may please your excellent Majesty, I PERCEIVE by the bishop of Bath and Wells, that although it seemeth he hath dealt in an effectual manner with Peacham, yet he prevaileth little hitherto; for he hath gotten of him no new names, neither doth Peacham alter in his tale touching Sir John Sydenham. Peacham standeth off in two material points de novo. The one, he will not yet discover into whose hands he did put his papers touching the consistory villanies. They were not found with the other bundles upon the search; neither did he ever say that he had burned or defaced them. Therefore it is like they are in some person's hands; and it is like again, that that person that he hath trusted with those papers, he likewise trusted with these others of the treasons, I mean with the sight of them. The other, that he taketh time to answer, when he is asked, whether he heard not from Mr. Paulet some such words, as, he saith he heard from Sir John Sydenham, or in some lighter manner. I hold it fit, that myself, and my fellows, go to the Tower, and so I purpose to examine him upon these points, and some others; at the least, that the world may take notice that the business is followed as heretofore, and that the stay of the trial is upon farther dîscovery, according to that we give out. I think also it were not amiss to make a false fire, as if all things were ready for his going down to his trial, and that he were upon the very point of being carried down, to see what that will work with him. Lastly, I do think it most necessary, and a point principally to be regarded, that because we live in an age wherein no counsel is kept, and that it is true there is some bruit abroad, that the judges of the king's bench do doubt of the case, that it should not be treason: that it be given out constantly, and yet as it were a secret, and so a fame to slide, that the doubt was only upon the publication, in that it was never published, for that (if your majesty marketh it) taketh away, or at least qualifies the danger of the example; for that will be no man's case. This is all I can do to thridd your majesty's business with a continual and settled care, turning and returning, not with any thing in the world, save only the occasions themselves, and your majesty's good plea sure. I had no time to report to your majesty, at your being here, the business referred, touching Mr. John Murray. I find a shrewd ground of a title against your majesty and the patentees of these lands, by the coheir of Thomas earl of Northumberland; for I see a fair deed, I find a reasonable consideration for the making the said deed, being for the advancement of his daughters; for that all the possessions of the earldom were entailed upon his brother; I find it was made four years before his rebellion; and I see some probable cause why it hath slept so long. But Mr. Murray's petition speaketh only of the moiety of one of the coheirs, whereunto if your majesty should give way, you might be prejudiced in the other moiety. Therefore, if Mr. Murray can get power of the whole, then it may be safe for your majesty to give way to the trial of the right; when the whole shall be submitted to you. Mr. Murray is my dear friend; but I must cut even in these things, and so I know he would himself wish no other. God preserve your majesty. Your majesty's most humble and devoted subject and servant, Febr. the 28th, 1614. CXIX. Sir FRANCIS BACON to King JAMES. Sir David Dalrymple's Me morials ters, p. 32. May it please your Majesty, I SEND your majesty inclosed a copy of our last and Letexamination of Peacham, taken the 10th of this present, whereby your majesty may perceive, that this miscreant wretch goeth back from all, and denieth his hand and all. No doubt, being fully of belief that he shall go presently down to his trial, he meant now to repeat his part which he purposed to play in the country, Your majesty's most humble March the 12, 1614. Sir David The Examination of EDMUND PEACHAM at the Dalrym ple's Me morials and Letters, p. 34. Tower, March 10, 1614. BEING asked, when he was last at London, and where he lodged when he was there? he saith he was last at London after the end of the last parliament, but where he lodged, he knoweth not. Being asked, with what gentlemen, or others in London, when he was here last, he had conference and speech withal? he saith he had speech only with Sir Maurice Berkeley, and that about the petitions only, which had been before sent up to him by the people of the country, touching the apparitors and the grievances offered the people by the court of the officials. Being asked, touching one Peacham, of his name, what knowledge he had of him, and whether he was |